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(영문) 서울행정법원 2018.11.01 2018구합2070
보상금등지급신청기각결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff filed an application with the Defendant for payment of compensation, etc. pursuant to Article 10(1) of the Act on the Compensation for Persons who performed Special Military Missions (amended by Act No. 7978 of September 22, 2006, hereinafter “former Specialized Employment Compensation Act”). On December 12, 2005, the Defendant decided to pay the Plaintiff KRW 80,247,810, including the following compensation:

(hereinafter “The previous decision on the compensation of a person who performed a special military mission” (hereinafter “the previous decision on the compensation of a person who performed a special military mission”) - The plaintiff is recognized as a person who performed a special military mission pursuant to Article 2(1) of the former Act on the Compensation of Persons of Special Military Service and Article 4(1) of the Enforcement Decree of the Act on the Compensation of Persons of Special Military Service (amended by Presidential Decree No. 20041 of May 2, 2007; hereinafter “

[Calculation] - 80,247,810 won (special merit bonus - deducted amount): 27,783,00 won (21 month): 86,164,810 won (special merit bonus 59,826,010 won) - The deducted amount: 33,70,810 won (the deducted amount of compensation)

B. The Plaintiff’s card (the document stating the name, date of infiltration, date of return, date of employment, date of dismissal, etc. of a person who intrudes upon the intelligence unit in the Korean War) stated that the period for performing a special mission is from March 16, 1951 to April 30, 1952. The Defendant performs a special mission during the above period, and thereafter changes the assignment to a position as an administrative staff member, and then the actual period of the Plaintiff’s special mission is about 14 months, or 28 months recognized as the period of active duty as the period of active duty before April 30, 1952 by the Enforcement Rule of the Act on the Compensation for Persons of Special Military Services pursuant to Article 5(3) of the former Enforcement Decree of the Act on the Compensation for Persons of Special Guard, but the Plaintiff is deemed the period of active duty of 28 months recognized as the period of active duty of the Plaintiff’s special duty of 1952.

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